A.
Adopted. The 2012 Edition of the International Existing
Building Code, as supplemented and amended, is hereby adopted and
made a part hereof by reference as the official Existing Building
Code of the City. Not less than one (1) copy of said code as supplemented
or amended, duly certified, have been and now are filed in the office
of the City Clerk and the same is incorporated as if fully set out
at length in this Chapter.
B.
Amendments. The Existing Structures Code adopted by Subsection (A) of this Section is hereby amended, altered and changed in the following respects:
1.
Wherever the phrase "name of jurisdiction" or "local governing
body" appears it shall be construed to mean the "City of Carl Junction,
Missouri."
2.
Whenever a fine or imprisonment is imposed the minimum fine
shall be ten dollars ($10.00) and the maximum fine shall be five hundred
dollars ($500.00); the maximum period of imprisonment shall be ninety
(90) days.
3.
Wherever the code specifies a period of time within which a
person must respond or comply with an order of the Code Official,
that period of time shall be thirty (30) days.
4.
Whenever the phrase "Code Official" appears it shall be understood
to mean the City Code Enforcement Officer or the appropriate Building,
Plumbing or Electrical Inspector.
[1]
Editor's Note: Section 1 of this ordinance also repealed
former Section 525.010, Existing Structures Code Adoption, as adopted
and amended by CC 1975 § 44.90; Ord. No. 95-02 § 44.90,
2-7-1995.
[CC 1975 §44.91; Ord.
No. 95-02 §44.91, 2-7-1995]
Whenever the Building Inspector has found and determined that
a building or structure is in violation of or in noncompliance with
this Code, law or regulation, or of any other ordinance of this City,
the Building Inspector shall extend to the owner of such building
or structure a thirty (30) day period in which to bring such building
or structure into compliance with the applicable Building Code, law
or regulation.
[CC 1975 §44.92; Ord.
No. 95-02 §44.92, 2-7-1995]
In the Building Inspector's sole discretion, a compliance period
exceeding thirty (30) days may be extended to the owner of such building
or structure, provided that such extension is granted for the purpose
of bringing such building or structure into compliance with the applicable
Building Code, law or regulation.
[CC 1975 §44.93; Ord.
No. 95-02 §44.93, 2-7-1995]
Any owner or other person violating the provisions of this Article
or the Code adopted herein, by failing to bring such building or structure
into compliance with the applicable Building Code, law or regulation
shall be punished by a fine of not more than five hundred dollars
($500.00) or by imprisonment of not more than ninety (90) days or
by both such fine and imprisonment. Each day of nonconformity shall
constitute a separate offense.
[CC 1975 §44.95; Ord.
No. 95-02 §44.95, 2-7-1995]
A.
All
buildings or structures which have any or all of the following defects
shall be deemed "dangerous buildings":
1.
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third (1/3) of its
base.
2.
Those which, exclusive of the foundation, show thirty-three percent
(33%) or more of damage or deterioration of the non-supporting enclosing
or outside walls or covering.
3.
Those which have improperly distributed loads upon floors or roofs
or in which the same are overloaded, or which have insufficient strength
to be reasonably safe for the purpose used.
4.
Those which have been damaged by fire, wind or other causes so as
to have become dangers to life, safety, morals or the general health
and welfare of the occupants of the people of the City.
5.
Those which are or which have become so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation, or which
are likely to cause sickness or disease, so as to work injury to the
health, morals, safety or general welfare of the people of the City.
6.
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
7.
Those having inadequate facilities for egress in case of fire or
those having insufficient stairways, elevators, fire escapes or other
means of communication.
8.
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
9.
Those which because of their condition are unsafe, unsanitary or
dangerous to the health, morals, safety or general welfare of the
people of this City.
10.
Those buildings existing in violation of any provision of the Building
Code of this City, or any provision of the Fire Prevention Code, or
any other ordinance of this City.
[CC 1975 §44.96; Ord.
No. 95-02 §44.96, 2-7-1995]
A.
The
following standards shall be followed by the Building Inspector in
ordering repair, vacation or demolition:
1.
If the "dangerous building" can reasonably be repaired so that it
will no longer exist in violation of the terms of this Article it
shall be ordered repaired.
2.
If the "dangerous building" is in such condition as to make it dangerous
to the health, morals, safety or general welfare of its occupants
it shall be ordered to be vacated.
3.
In any case where a "dangerous building" is fifty percent (50%) damaged
or decayed, it shall be demolished. In all cases where a building
cannot be repaired so that it will no longer exist in violation of
the terms of this Article, it shall be demolished. In all cases where
a "dangerous building" is a fire hazard existing or erected in violation
of the terms of this Code or any ordinance of this City or any Statute
of the State, it shall be demolished.
[CC 1975 §44.97; Ord.
No. 95-02 §44.97, 2-7-1995]
All "dangerous buildings" within the terms of this Article are
hereby declared to be public nuisances, and they shall be repaired,
vacated or demolished as hereinbefore and hereinafter provided.
[CC 1975 §44.98; Ord.
No. 95-02 §44.98, 2-7-1995; Ord. No. 04-60 §1, 8-17-2004]
A.
The
Building Inspector shall inspect or cause to be inspected semiannually
all public buildings, schools, halls, churches, theaters, hotels,
tenements, commercial, manufacturing or loft buildings for the purpose
of determining whether or not any conditions exist which render such
places a "dangerous building" within the terms of this Article.
B.
The
Building Inspector shall inspect any building, wall or structure about
which complaints are filed by any person, or concerning which the
Building Inspector has reason to believe, that said building, wall
or structure is or may be existing in violation of this Article.
C.
Whenever
the Building Inspector has found and determined that a building or
structure is a "dangerous building" within the standards set forth
in this Article, he/she shall cause the following described notice
and order to issue and be served upon the owner, occupant, lessee,
mortgagee, agent and all other persons having an interest in the building
as shown by the records of the County Recorder of Deeds. Service of
such notice and order shall be in person or by certified mail, return
receipt requested, or, if such service be not possible, by publication.
D.
The notice and order required by Subsection (C) shall state the following:
1.
The street address and legal description sufficient for identification
of the premises upon which the "dangerous building" is located;
2.
A statement that the Building Inspector has found the building to
be in violation of this Article;
3.
A statement of the particulars which make the building or structure
a "dangerous building" and an order requiring the same to be put in
such condition as to comply with the terms of this Article and that
such work shall commence within a definite period not exceeding ten
(10) days and shall proceed continuously without unnecessary delay
until it is finished;
4.
An order that the owner must vacate, repair or demolish the building,
as the case may be, in accordance with the terms of the notice; and
5.
An order that the occupant must vacate such building or remain in
possession and have it repaired in accordance with this Article.
E.
The
Building Inspector shall place a notice on all "dangerous buildings"
reading as follows: "This building has been found to be a dangerous
building by the Building Inspector. This notice is to remain on this
building until it is repaired, vacated or demolished in accordance
with the notice and order which has been given the owner, occupant,
lessee, trustee, mortgagee or agent of this building as shown by the
records of the Recorder of Deeds of Jasper County, Missouri. It is
unlawful to remove this notice until such notice is complied with."
F.
Upon
failure of the owner of the "dangerous building" to commence repair
work or demolition within the time specified by the notice and order
or upon failure to proceed continuously thereafter with such work
without unnecessary delay, the Building Inspector shall file a complaint
with the Building Board of Appeals.
[CC 1975 §44.99; Ord.
No. 95-02 §44.99, 2-7-1995; Ord No. 04-60 §2, 8-17-04]
A.
The
Building Board of Appeals shall, upon receipt of a complaint of the
Building Inspector as provided in this Article, give at least ten
(10) days' written notice to the owner, occupant, mortgagee, trustee,
lessee, agent and all other persons having an interest in the building
as shown by the land records on file in the office of the County Recorder
of Deeds to appear before it on the date specified in the notice to
show cause why the building or structure reported to be a "dangerous
building" should not be repaired, vacated or demolished in accordance
with the statement of particulars set forth in the Building Inspector's
notice and order provided for in this Chapter. Such notice shall be
in form substantially as follows, to wit:
"To: (Addressee indication)
Please take notice that a hearing will be held before the Building
Board of Appeals at _____ on the _____ day of __________, 20_____,
at City Hall, Carl Junction, Missouri, regarding a complaint filed
on the _____ day of __________, 20_____, by the Building Inspector.
You have an interest in the building or structure which the Building
Inspector has declared to be a dangerous building. You may be present
at the hearing or file an answer. You may be, but need not be, represented
by counsel. You may present any relevant evidence and will be given
full opportunity to cross-examine all witnesses appearing at said
hearing. A copy of the complaint may be obtained from the Building
Inspector at City Hall, Carl Junction, Missouri."
B.
The
Building Board of Appeals shall hold a hearing and hear such testimony
as the Building Inspector or the owner, occupant, trustee, mortgagee,
lessee, their attorney or any other person having an interest in the
building as shown by the records on file and of record in the office
of the County Recorder of Deeds shall offer relative to the "dangerous
building".
C.
Hearing Rules And Procedures.
1.
Hearings need not be conducted according to technical rules relating
to evidence or witnesses.
2.
Oral evidence shall be taken on oath or affirmation.
3.
Hearsay evidence may be used for any purpose but shall not be sufficient
in and of itself to support a finding that the building or structure
is a dangerous building.
4.
Any relevant evidence shall be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the conduct
of their affairs, regardless of the existence of any common law or
statutory rule which might make improper the admission of such evidence
in civil actions in courts of competent jurisdiction in this State.
5.
Irrelevant and unduly repetitious evidence shall be excluded.
6.
Each party shall have the right, among others, as follows, to wit:
a.
To call and examine witnesses on any matter relevant to the issues
of the hearing.
b.
To introduce documentary and physical evidence.
c.
To cross-examine opposing witnesses on any matter relevant to the
issues of the hearing.
d.
To impeach any witness regardless of which party called said witness
to testify.
e.
To rebut evidence against such party.
f.
To represent evidence against such party.
7.
The Building Board of Appeals shall cause a complete and full record
of the proceedings to be made by suitable method. A transcript of
the proceedings may be made available to any party upon request and
upon payment of the cost of preparation thereof.
8.
The Building Board of Appeals shall proceed with reasonable dispatch
to conclude any matter presented to it by complaint of the Building
Inspector but, notwithstanding any other provision of this Article
to the contrary, may grant continuances of hearing for good cause
shown by any party.
D.
After
hearing, if the evidence supports the finding that the building or
structure is a nuisance, or is detrimental to the health, safety or
welfare of the occupants of the building or structure or the residents
of this City, and is in violation of this Article, the Building Board
of Appeals shall issue its written order, which includes specific
findings of fact and conclusions of law supporting such order, specifying
that such building or structure be vacated, repaired or demolished.
If the evidence presented does not support a finding that the building
or structure is a nuisance or is detrimental to the health, safety
or welfare of the occupants of said building or structure or the residents
of this City and is not in violation of the provisions of this Article,
no order of the Building Board of Appeals shall issue.
E.
If
no appeal is taken from the order of the Building Board of Appeals,
the order of the Building Board of Appeals shall be final thirty (30)
days after entry thereof. Any such final order shall be transmitted
by the Building Board of Appeals to the Building Inspector for enforcement
and implementation.
F.
If
an appeal be taken from the order of the Building Board of Appeals,
any enforcement or implementation action of such order shall be stayed
pending final resolution of said appeal. On the expiration of the
appeals process, or the abandonment thereof, and only if the order
of the Building Board of Appeals is affirmed thereby or is modified
but not reversed, the order of the Board shall then become final and
shall be transmitted to the Building Inspector for immediate enforcement
and implementation.
G.
Any
interested party may appeal, in writing, from any order of the Building
Board of Appeals. Such an appeal must be taken within ten (10) days
from the date of the order or other ruling appealed by filing with
the Building Board of Appeals a written notice of appeal setting forth
the grounds thereof. The party appealing shall otherwise comply with
the provisions of Chapter 536, RSMo.
[CC 1975 §44.100; Ord. No. 95-02 §44.100, 2-7-1995; Ord. No. 04-60 §3, 8-17-2004]
Upon receipt of a final order of the Building Board of Appeals,
the Building Inspector may in his/her enforcement and implementation
thereof obtain the repair or demolition services necessitated and
mandated by said order, after letting bids therefore and obtaining
Board of Aldermen approval thereof. After any repair or demolition
of a dangerous building at City expense, the actual cost thereof shall
be certified by the Building Inspector to the City Clerk for further
collection as hereinafter provided.
[CC 1975 §44.101; Ord. No. 95-02 §44.101, 2-7-1995]
The City Clerk, upon receipt from the Building Inspector of
certified actual costs of repair or demolition of a dangerous building
at City expense, shall cause a special tax bill to be prepared and
assessed against the real estate where the building or structure which
was repaired or demolished is or was located. Upon such assessment,
the special tax bill shall be forwarded to the City Collector for
collection. The taxpayer obligated may, upon request, pay said special
tax bill in annual installments over a period of not more than ten
(10) years. The special tax bill from and after its date of issuance
and assessment, and to and until it is fully paid, shall be deemed
a personal debt against the property owner and shall also be a lien
upon the property where the building or structure repaired or demolished
is or was located.
A.
If
there are proceeds of any insurance policy based upon a covered claim
payment made for damage or loss to a building or other structure caused
by or arising out of any fire, explosion or other casualty loss, the
following procedure is established for the payment of up to twenty-five
percent (25%) of the insurance proceeds, as set forth in this Subsection.
This Subsection shall apply only to a covered claim payment that is
in excess of fifty percent (50%) of the face value of the policy covering
a building or other structure:
1.
The insurer shall withhold from the covered claim payment up to twenty-five
percent (25%) of the covered claim payment, and shall pay such monies
to the City to deposit into an interest-bearing account. Any named
mortgagee on the insurance policy shall maintain priority over any
obligation under this Chapter.
2.
The City shall release the proceeds and any interest that has accrued on such proceeds received under subdivision (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Section 525.090. If the City has proceeded under the provisions of Section 525.090 through 525.110, all monies in excess of that necessary to comply with the provisions of Section 525.100 for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
B.
If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
C.
This
Section shall apply to fire, explosion or other casualty loss claims
arising on all buildings and structures.
D.
This
Section does not make the City a party to any insurance contract,
and the insurer is not liable to any party for any amount in excess
of the proceeds otherwise payable under its insurance policy.
E.
The Building Commissioner may certify that in lieu of payment of all or part of the covered claim under Subsection (A) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (A) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided from this Subsection.
[CC 1975 §44.102; Ord. No. 95-02 §44.102, 2-7-1995; Ord. No. 04-60 §4, 8-17-2004]
The Building Board of Appeals or the Building Inspector may,
as they in their discretion shall determine, request that an inspection
of the premises where an alleged dangerous building exists, and reports
of the results thereof, be performed and submitted by an engineer,
the Fire Department, the Police Department or any other City, County
or State department. Such inspection and reports may be performed
at any time during the period after notice and order has been given
by the Building Inspector and before the appeals process has expired.
[CC 1975 §44.103; Ord. No. 95-02 §44.103, 2-7-1995]
It shall be the duty of all City employees to make a report
to the Building Inspector of all buildings or structures which they
have reasonable cause to believe are dangerous buildings within or
governed by the provisions of this Chapter.
[CC 1975 §44.104; Ord. No. 95-02 §44.104, 2-7-1995]
Whenever necessary to make an inspection or to enforce any of
the provisions of this Article, or whenever the Building Inspector
or his/her authorized representative has reasonable cause to believe
that there exists in any building or structure upon any premises,
any condition or Code violation which makes such building violative
of the provisions of this Article, the Building Official or his/her
authorized representative shall enter such building or structure at
any reasonable time to inspect the same or to perform any duty imposed
upon the Building Inspector by this Article. If such building or structure
be unoccupied, the Building Inspector or his/her representative shall
first make a reasonable effort to locate the owner or other person
having charge or custody of the building or structure and request
entry, but upon failing to do so, shall be authorized to enter said
building or structure by force with any necessary assistance from
other City Officials.
[CC 1975 §44.105; Ord. No. 95-02 §44.105, 2-7-1995]
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a "dangerous building" as defined in this Article is immediately repaired, vacated or demolished, the Building Inspector shall issue an Emergency Notice and Order and shall effect the immediate repair, vacation or demolition of such "dangerous building". The costs of such emergency repair, vacation or demolition of the "dangerous building" shall be collected in the same manner as provided in Section 525.110 of this Chapter.
[CC 1975 §44.106; Ord. No. 95-02 §44.106, 2-7-1995; Ord. No. 04-60 §5, 8-17-2004]
A.
It
shall be unlawful for any person to perform any of the following acts:
1.
To fail, neglect or refuse to obey any order of the Building Board
of Appeals.
2.
To fail or refuse to comply with an emergency notice and order of
the Building Inspector.
3.
To fail or refuse to allow the Building Inspector entry to an occupied
building or structure after proper request for entry has been made.
4.
To obstruct, impede or interfere with any officer, employee, contractor
or authorized representative of this City, or with any other person
who owns or holds any interest in the real estate upon which the building
or structure ordered to be repaired, vacated or demolished is located,
whenever such officer, employee, contractor or authorized representative
of this City or other person is engaged in the work of repairing,
vacating or demolishing any such building or structure, or in performing
any necessary act preliminary to or incidental to such work or as
authorized or directed by an order of the Building Board of Appeals
or an emergency notice and order of the Building Inspector.
[CC 1975 §44.107; Ord. No. 95-02 §44.107, 2-7-1995]
No officer, agent or employee of the City shall render himself/herself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his/her
duties under this Article.
